UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/329,168
`
`01/25/2017
`
`Naoki YOSHIKAWA
`
`MIYOP0131WOUS
`
`6124
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`ALLEN CAMERON J
`
`ART UNIT
`1774
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/15/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/329,168
`Examiner
`CAMERON J ALLEN
`
`Applicant(s)
`YOSHIKAWA et al.
`Art Unit
`AIA (FITF) Status
`1774
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 4/08/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 1/25/2017 is/are: a). accepted or b)E] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:I All
`
`b)D Some**
`
`C)D None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190710
`
`

`

`Application/Control Number: 15/329,168
`Art Unit: 1774
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Response to Arguments
`
`Applica nt's arguments with respect to claims 1-8 have been considered but are moot because
`
`the arguments do not apply to any of the references being used in the current rejection. Previous
`
`rejections have been withdrawn.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S. C. 102 that form the basis
`
`for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed i nventionwaspatented, described in a printed publication, or in public use, on sale
`orotherwise availableto the public before the effective filing date ofthe claimed invention.
`
`Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berger U.S. Patent
`
`3,152,014 using English translation.
`
`With respect to claim 1, the Berger reference discloses in figure 1 a waste water treatment unit
`
`comprising an electrical conductors such as the electrodes 11 and 12 having surfaces such as shown in
`
`the figures which may be a pours carbon, carbon sheet. The conductor may also comprise a catalyst
`
`disclosed in the bridge of columns 5-6. The conductor includes a first surface and a second surface
`
`(inherent to the electrode, shown but not numbered), and a space provided between the first surface
`
`and the second surface in which hydrogen ions move through the thickness of the conductors 11 and 12
`
`as disclosed in columns 5 and 6. The electrical conductor providing electrical connection between the
`
`

`

`Application/Control Number: 15/329,168
`Art Unit: 1774
`
`Page 3
`
`first surface and the second surface from the first surface to the second surface (since it is solid a
`
`conductor); and a membrane structure 10 and 10a arranged on the second surface to regulate an
`
`oxygen supply amount, the structure supplying oxygen to the second surface se disclosure such as
`
`column 6.
`
`With respect to claim 2, the Berger reference further discloses wherein the electrical conductor
`
`is capable of supporting an oxygen reduction catalytic material disclosed in bridge of columns 5 and 6.
`
`With respect to claim 3,the Berger reference further discloses the electrical conductor includes
`
`an electrically conductive porous sheet such as porous structure 10-10b which may be a woven
`
`fabric column 6 lines such as 60.
`
`With respect to claim 4, the Berger reference further discloses the electrical conductor includes
`
`at least one of an electrically conductive woven sheet or an electricallyconductive nonwoven
`
`sheet disclosed in Column 6, lines such as 50-60.
`
`With respect to claim 5,the Berger reference further discloses wherein at least pa rt of a surface
`
`of the electrical conductor corresponding to the space provided between the first surface and
`
`the second surface (the thickness of the electrode 11 or 12) is covered with an electrically insulating
`
`material Membrane 10-10B.
`
`With respect to claim 6, the Berger reference inherently discloses wherein the structure is a
`
`water-repellent sheet due to the materials disclosed in Column 6 especially lines 60-75. Since metal and
`
`polymers can be considered to repel water.
`
`With respect to claim 7, the Berger reference further discloses a waste water treatment device
`
`in abstract that comprises: a treatment tankfigure 2 which keeps a liquid to be treated, wherein the first
`
`surface ofthe electrical conductor in the liquid treatment unit is located inside the treatment tank such
`
`as conductors 11 and 12.
`
`

`

`Application/Control Number: 15/329,168
`Art Unit: 1774
`
`Page4
`
`With respect to claim 8, the Berger reference further discloses the electrical conductor capable
`
`of supporting an anaerobic microorganism group on the first surface, and capable of supports an oxygen
`
`reduction catalyst on the second surface columns 5 and 6.
`
`A recitation of the intended use ofthe claimed invention must result in a structural difference
`
`between the claimed invention and the prior art in order to patenta bly distinguish the claimed
`
`invention from the prior art. |fthe prior art structure is capable of performing the intended use, then it
`
`meets the claim.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to CAMERON J ALLEN whose telephone number is (571)270-3164. The examiner can
`
`normally be reached on M-F 6 am till 3 pm.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`Ifattemptsto reach the examiner by telephone are unsuccessful, the examiner'ssupervisor,
`
`WalterGriffin can be reached on 5712721447. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information rega rdingthe status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). Ifyou would like assistance from a USPTO Customer
`
`

`

`Application/Control Number: 15/329,168
`Art Unit: 1774
`
`Page 5
`
`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA) or 571-272-1000.
`
`/CAMERON J ALLEN/
`Examiner, Art Unit 1774
`
`